21st Century trawling

by Greg Levrault

I don't know how long I'm going to have a column. There's plenty of sounds and sights to write about on the Internet, and the editorial staff of this magazine have been open and cooperative. However, the essence of this column - file-shared projects - is being threatened at the legislative level.

A few months ago, several US senators and legislators began pursuing prosecutions against violators of the NET (No Electronic Theft) Act. If found guilty of permitting or assisting in downloading copyrighted material, violators face 3 years in federal prison, or approaching $250,000 in fines. One reason for the dearth of prosecutions may lay in the trouble of defining the value of the downloads. According to HR2265, the value of the violations have to add up to at least $1,000 over 180 days - that's about 65 CD's in six months, or roughly 25 DVD's of your typical new Hollywood release. How many CDs or DVDs have you bought in the last 6 months?

I understand the logic and math behind this law, and yet I'm filled with trepidation. Copyrights were created to assure that the creator's rights precedes the profits of whoever attempts to distribute it (legally or otherwise.) But I don't consider letting someone listen to my copy of a new Johnny Cash tune or downloading someone's transfer of "Battle Royale" as a 'lost revenue stream'. It's a chance to hear or see something I have no access to otherwise; it's a chance to share my favorite songs and flicks with people that wouldn't consider it otherwise, to the artist's benefit.

And so, now's a good time to talk about file-sharing ethics. I know the degree of risk I take, considering that I write a column about my file-sharing habits. I don't want anyone else to get in trouble, just because I think something's cool. So I have some personal rules, and you can shape your own guidelines. (No legal guarantees here, just the thinking that helps me sleep at night)

1) Don't download anything you can buy down the street. You know how long it takes to download, how small it'll be on your computer screen or coming out of your speakers... If you know you want it, and your local record store or video retailer can get it, go for it. (Especially local retailers - give 'em respect.) If it's still playing in the theater, don't download the crappy movie bootleg, unless you're suspicious that it's not worth $8 bucks.

2) Don't hoard; share what you download, for a while. That's how the system works. People who merely download justify industry thinking that we're a bunch of moochers looking for a free lunch. Treat this like the library, people...

On the other hand, once you start getting a lot of traffic for a particular file, you might consider removing it from public consumption. You should have made up your mind at this point if you want to get your own copy or not, anyway.

3) Label responsibly. I still remember the time I downloaded what I thought was an unreleased studio track from Tool: two hours later, I was listening to a ska-band's karaoke version of Culture Club's "Do You Really Want to Hurt Me?" I thought it was funny, but I have a sense of humor. Some Tool fans don't. I don't want to waste my time downloading somebody else's wannabe-Jackass stunt or a Bangbus clip if I'm looking for lost Nirvana concert footage. Be honest.

4) Don't sell it. That makes you a pirate, and you deserve what you get for selling crappy bootlegs that anybody with a phone line and patience can get for free.

For my part, I've concentrated my file-sharing efforts - and the focus of this column - on properties that I can only find on the Internet: rock music from Germany and Japan and Brazil, that doesn't hit the local Hastings or Best Buy; neglected TV shows that assume a semi-syndication thanks to loyal fans; unique cut-and-paste songs and movies that test copyright laws the way sampling has in the last 20 years... and all the music videos that MTV never plays.

The Internet is the most powerful medium for the exchange of human thought and expression on the planet. But the abuse of that power, and the fear of that abuse, threatens the potential for good that the Internet possesses. And I'm going to do my part to keep it on the right side of the Force... even if I end up on the wrong side of the bars.

If you've got any questions or opinions on the subject, let me know at DJELVIS@SBCGLOBAL.NET I've blown my anonymity, but I won't ruin yours; all responses and experiences will remain confidential. Next month, I hope to return to the fun stuff.